The floods in Spain constitute the natural risk that over time has produced the greatest damage both material and loss of human life.

The fight against the effects of floods has for many years been a constant in water and civil protection policy and thus the traditional approach of raising and implementing structural solutions, such as the construction of dams, lighting and protection dams, have been revealed in certain insufficient cases, and has been complemented in recent decades with non-structural measures such as civil protection plans, introduction of warning systems, hydrological correction of the basins and measures of regional planning, in order to mitigate the possible consequences of floods. This latter type of action is less economically expensive and at the same time less environmentally aggressive.

This whole problem and the search for solutions have had important support in our legislation. Thus, the safety of persons and goods in the face of floods has been collected both in the recast text of the Water Law, approved by the Royal Legislative Decree 1/2001, of July 20, as well as in Law 10/2001, of July 5, of the Plan National Hydrologic, as amended by Law 11/2005, of June 22.

Law 2/1985, of 21 January, of Civil Protection is developed by the Basic Standard of Civil Protection, approved by Royal Decree 407/1992, of April 24, including among the special plans of civil protection to be drawn up by the General Administration of the State and by the Autonomous Communities, those corresponding to the flood risk. In the framework of this legislation, the Basic Guideline for Civil Protection Planning is highlighted in the face of the risk of floods, approved by the Council of Ministers agreement of 9 December 1994, which establishes the framework on which they have been developed the special plans for civil protection in the face of the risk of flooding and can be considered as the first provision that expressly relates the level of risk of flooding to the territory with territorial planning and uses of the soil.

In matters of protection of the coast, part of the precepts foreseen and driven by this royal decree develop and complement Law 22/1988, of July 28, of Costas, whose object is the determination, protection, use and police of the maritime-terrestrial public domain and especially of the bank of the sea and Royal Decree 1471/1989, of December 1, for which the General Regulation for the Development and Enforcement of Law 22/1988, of July 28, of Costas is approved. In this way, floods are adequately coordinated on the coast, with floods in the transition areas and river flooding, all of which are incorporated into the National Flood Zone Mapping System.

Also, in the field of state legislation, the Royal Legislative Decree of 20 June, which approves the recast text of the Law of Soil, establishes in its articulated the need to include in the instruments Territorial management maps of natural hazards and the realization of reports of the hydrological administrations in relation to the protection of the public domain hydraulic and the coasts on the dislinde and the protection of the public domain Land-maritim- In particular, the situation of rural land in any Member State which is susceptible to the risk of flooding is determined ex lege, and the prevention of such risks is required, both by the competent authorities in the field of management of the territory and town planning, in the management of land use, as well as land owners, in their duty to preserve land.

At European level, Directive 2000 /60/EC of the European Parliament and of the Council of 23 October 2000 establishing a Community framework for action in the field of water policy, which is incorporated in our The legal system by Article 129 of Law 62/2003 of 30 December of fiscal, administrative and social measures included among its objectives that the framework for the protection of waters must contribute to the effects of floods and droughts. Although these two important extreme events which occur at a certain frequency in the Spanish territory do not develop properly throughout the Directive, one of them, the one of the floods, has been the subject of specific development. by Directive 2007 /60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks, the transposition of which is the subject of this royal decree.

This Directive is intended to generate new instruments at Community level to reduce the potential consequences of flooding through risk management, supported by hazard and risk mapping.

Some of these instruments had already been incorporated into our legislation by Royal Decree 9/2008 of 11 January, amending the Regulation of the Public Hydraulic Domain. Indeed, in the preamble of the aforementioned royal decree, it was mentioned that the increasing and rapid pressure on the banks, mainly urban, reduces day by day the river space, increases the risks in the face of the floods and undermines the environmental protection of the public hydraulic domain, all of which are based on the need to properly legislate to prevent and prevent such negative effects. In this royal decree the National System for the Mapping of Flood Zones is created, which is referred to in this text.

The normative framework described, recused text of the Water Law and the Law 11/2005, of the National Hydrological Plan, as well as Law 2/1985, of Civil Protection offer sufficient legal status for the incorporation into law Spanish national of the said Directive 2007 /60/EC by standard of regulatory range which materializes in this Royal Decree, strictly adhered to the mandate of the Directive to reduce the negative consequences, associated with the floods, for the human health, the environment, cultural heritage, economic activity and infrastructure.

This royal decree has as main objectives to obtain adequate knowledge and assessment of the risks associated with the floods and to achieve a coordinated action of all the public administrations and society reduce the negative consequences of floods.

The text consists of a preamble, six chapters, twenty-two articles and an annex. The royal decree sets out a number of fundamental obligations that are set out in the preliminary flood risk assessment, hazard and hazard maps and flood risk management plans, as well as the provisions of the complementary to sectoral coordination, public participation and cooperation between the various administrations that are necessary to achieve this objective, as provided for in Royal Decree 125/2007 of 2 February, fixing the territorial scope of the river basin districts.

In its text the recent creation of the "Committees of Competent Authorities" in the demarcations with inter-community basins and the existing regulations in the field of Civil Protection has been taken into account, seeking their coordination with the new flood risk management plans. This coordination, which is also a mandate of the Directive, extends to the general water policy of all basins and to spatial and urban planning as necessary to make effective the prevention and protection envisaged in the Directive. present standard.

The benefits of applying the royal decree will result from a double effect:

On the one hand, the introduction of the new management tools will speed up the implementation of the mechanisms for the protection of the channels and the flood zones, which will result in the prevention or reduction of environmental damage and on the goods and persons that are protected.

Moreover, the set of provisions introduced in the royal decree make it possible to respond more effectively to the heavy pressures of occupation that border areas suffer from, which will result in a decrease in flood-related damage through floods.

The flood risk management plans required in the text include the action programmes that each of the administrations must implement in the field of their competences to achieve the intended objective of reducing the negative consequences caused by the floods.

This royal decree has been reported by the Environmental Advisory Council, the National Water Council and the National Civil Protection Commission, and in its treatment the autonomous communities and the sectors have been consulted. affected.

In its virtue, on the proposal of the Minister of the Environment, and the Rural and Marine Environment and the Minister of the Interior, with the prior approval of the Minister of the Presidency, in agreement with the State Council and prior deliberation of the Council of Ministers at its meeting on 9 July 2010,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object.

1. This royal decree regulates the procedures for the preliminary assessment of flood risk, hazard and risk maps and flood risk management plans throughout the Spanish territory.

2. The object of this regulation is:

a) Obtain adequate knowledge and assessment of the risks associated with flooding.

b) Achieve a coordinated action of all public administrations and society to reduce the negative consequences on the health and safety of people and property, as well as on the environment, cultural heritage, economic activity and infrastructure, associated with the flooding of the territory to which they affect.

Article 2. Scope.

The provisions contained in this royal decree will apply to floods caused by overflow of rivers, mountain torrents and other continuous or intermittent water currents, as well as floods. caused by the sea in coastal areas and those caused by the joint action of rivers and sea in the transition areas.

Article 3. Definitions.

For the purposes of this royal decree and without prejudice to the application as appropriate of the definitions contained in the legislation of waters, coasts and civil protection, it is understood by:

a) Avenue: Unusual increase in water flow in a bed that may or may not cause overflows and flooding.

b) Flood: Temporary greening of land that is not normally covered by water caused by overflow of rivers, mountain torrents and other continuous or intermittent water currents, as well as floods caused by the sea in coastal areas and those caused by the joint action of rivers and sea in the transition areas.

c) Flood in coastal areas: Temporary or permanent denial of land that is not normally covered with water due to tides, waves, hangovers or erosive processes of the shoreline, and those caused by the action of rivers and sea in transition areas.

d) Structural measures: These are the ones consisting in the construction of infrastructure works that act on the mechanisms of generation, action and propagation of the avenues, altering their hydrological or hydraulic characteristics, as well as the waves, tides or erosion in coastal areas.

e) Non-structural measures: They are those that without acting on the avenue itself or on the action of the sea, modify the susceptibility of the flood zone in front of the flood damages.

f) Protective measures: Those actions, including the structural and non-structural measures needed to improve the protection of people and property.

g) Flood hazard: Probability of occurrence of a flood, within a given time period and in a given area.

h) Return Period: Inverse of the probability that a higher avenue than a given value will be present within a year.

i) Program of measures: A set of actions to be carried out by each competent administration to reduce the risk of flooding in each territorial area.

j) Flood risk: Combination of the likelihood of a flood and its possible negative consequences for human health, the environment, cultural heritage, economic activity and infrastructure.

k) Rio: A continental water mass that flows mostly on the surface of the soil, but which can flow underground in part of its course.

l) National System for the Mapping of Flood Zones: A computer system that stores the set of flood studies carried out by the Ministry of the Environment, and the Rural and Marine Environment and its basin organizations, together with the to those who contribute to the Autonomous Communities and local authorities.

m) Floodable zone: It is considered a flood zone that can be flooded by the theoretical levels that would reach the waters in the avenues whose statistical period of return is 500 years, attending to studies geomorphological, hydrological and hydraulic, as well as series of historical avenues and documents or historical evidence thereof in lakes, lagoons, reservoirs, rivers or streams, as well as floods in coastal areas and those produced by the joint action of rivers and sea in the transition areas. These grounds fulfil duties of retaining or relieving the flows of water and solid cargo carried during those floods or of protection against erosion.

n) Flooded coastal zone: Zone adjacent to the shoreline susceptible to be reached by sea water due to tides, waves, hangovers or erosive processes of the shoreline, and those caused by the action of rivers and sea in transition areas.

o) Preferred flow zone: It is that zone constituted by the union of the zone or zones where the flow is concentrated preferably during the avenues, or via of intense drainage, and of the zone where, for the avenue of 100 years of return period, serious damage to persons and property may occur, with the outer boundary of both zones being delimited. All historical and geomorphological information of the existing historical and geomorphological information shall be used in the delimitation of the preferred flow zone, in order to ensure the appropriate consistency of the results with the physical evidence available on the behaviour. river hydraulic, and the action combined with the sea in the transition zone.

Article 4. Competent authorities.

1. The Ministry of the Environment and the Rural and Marine Environment, the Ministry of the Interior, the Autonomous Communities and the local authorities, in the field of their respective competences will assume the impetus and general development of the evaluation and management the risk of flooding, acting as promoters of interadministrative cooperation in this field.

2. The various public administrations, within their respective competences, will develop the programme of measures and develop the actions resulting from them in the field of flood risk management plans, promoting the coordination between their bodies.

CHAPTER II

Preliminary flood risk assessment

Article 5. Objective of the preliminary flood risk assessment.

In each river basin a preliminary flood risk assessment shall be carried out in order to determine those areas of the territory for which a potential risk has been reached significant flooding or in which the materialisation of that risk may be considered likely.

Article 6. Minimum content of the preliminary flood risk assessment.

On the basis of information that is available or can be easily deducted, including the impact of climate change, the preliminary flood risk assessment will be developed, which will have at least the following content:

(a) Maps of the river basin district where the boundaries of the river basins or sub-basins are represented and, where they exist, the coastal areas, showing the topography and uses of the soil.

b) A description of the floods in the past that have had significant negative impacts on human health, the environment, cultural heritage, economic activity and associated infrastructure floods which have a significant probability of reoccurring, with an indication of their extent and the means of evacuation of such floods, and an assessment of the negative impacts they have caused.

c) A description of the floods of importance that occurred in the past when adverse consequences of future similar events can be expected.

(d) In cases where the available information on floods in the past is not sufficient to determine the areas subject to significant potential flooding risk, an assessment of the flooding shall be included. potential negative consequences of future floods taking into account, wherever possible, factors such as topography, the location of water courses and their general hydrological and geomorphological characteristics, including alluvial plains as natural retention zones, the efficacy of the existing artificial flood protection infrastructure, and the location of populated areas and areas of economic activity. In addition, the long-term development landscape will be taken into account, taking into account the potential impacts of climate change on the impact of floods on the basis of information provided by the administrations. competent in the field.

e) In the case of floods caused by coastal and transitional waters, the bathymetry of the coastal sea strip, the erosive processes of the area and the trend in the rise of the average level will also be taken into account. the sea and other effects on coastal dynamics due to climate change.

Article 7. Preparation of the preliminary flood risk assessment.

1. The basin organizations, in collaboration with the Civil Protection authorities of the Autonomous Communities and the General Administration of the State and other competent bodies of the Autonomous Communities, or the competent authorities in the Intra-Community basins shall carry out the preliminary flood risk assessment, and shall be integrated by the competent authorities in the field of coastal waters, for floods caused by coastal and transitional waters.

2. The preliminary flood risk assessment shall be carried out on the basis of the available information referred to in Article 6, taking into account the current circumstances of the occupation of the soil, the existence of infrastructure and activities for flood protection and the information provided by the National Flood Zone Mapping System and by the relevant administrations in the field.

3. In the case of coastal areas, if the information on historic flooding is not sufficient, the preliminary risk assessment will be based on the topography and bathymetry, in the maritime climate (medium and extreme waves, tides, etc.), taking into account consideration of previous studies that have been carried out in this respect and, as far as possible, other effects of climate change.

4. The result of the preliminary flood risk assessment shall be subject to public consultation for a minimum period of three months. The preliminary flood risk assessment, once the claims have been analysed, will be submitted to the Committee of Competent Authorities under Royal Decree 126/2007 of 2 February, or equivalent body in the basins. intra-community.

5. In the inter-Community basins, the Basin Agency shall forward the preliminary flood risk assessment for approval to the Ministry of the Environment, and the Rural and Marine Environment, which shall, in advance of this approval, forward it to the National Civil Protection Commission for your report.

6. In intra-Community basins, the body which has approved the preliminary flood risk assessment, integrating the assessment drawn up by the competent authorities in the field of costs, shall forward it to the Ministry of the Environment, and Rural and Marine Environment for referral to the European Commission.

7. International Hydrographic Demarcations for the preliminary flood risk assessment shall exchange the relevant information with the countries concerned.

8. The preliminary flood risk assessment shall be completed by 22 December 2011.

CHAPTER III

Hazard and flood risk maps

Article 8. Flood hazard maps.

1. For each river basin district flood hazard maps shall be drawn up for the areas identified in accordance with Article 5. These maps shall at least cover the following scenarios:

a) High probability of flooding, where applicable.

b) Average flood probability (return period greater than or equal to 100 years).

c) Low probability of flooding or extreme event scenario (return period equal to 500 years).

2. In coastal areas where there is an adequate level of protection, the hazard map shall be limited to the low probability of flooding scenario.

3. For each of the above scenarios the maps must contain:

a) Foreseeable extent of flooding and draught of water or water level, as appropriate.

(b) In those cases where it is deemed necessary, additional relevant information such as the maximum flows and/or speeds reached by the current in the flood zone may also be included.

c) In the floods caused by coastal and transitional waters, the wave and tidal waves, as well as the areas subjected to erosive processes and trends in the rise of the average sea level, will be reflected. consequence of climate change.

4. Additionally, the delimitation of the public channels and the serfdom and police zones, the zone of preferential flow in their case, the delimitation of the area of public maritime-terrestrial domain, the zone of public domain, will be represented. The bank of the sea in case it differs from that and its zone of protection servitude.

Article 9. Flood risk maps.

For each hydrographic demarcation flood risk maps will be developed for the areas identified in the preliminary risk assessment. Flood risk maps shall include at least the following information for each of the scenarios specified in the previous article:

a) The indicative number of inhabitants that may be affected.

b) Type of economic activity in the area that may be affected.

(c) Industrial installations referred to in Annex I to Law 16/2002 of 1 July of Integrated Pollution Prevention and Control which may cause accidental contamination in the event of flooding as well as wastewater treatment plants.

(d) Protected areas for the collection of water intended for human consumption, water bodies for recreational use and areas for the protection of habitats or species that may be affected.

e) Any other information deemed useful, such as the indication of areas in which floods with high content of transported sediments may occur and flows of derrubes and information on other sources Significant pollution may also be considered to be an analysis of the road or other infrastructure that may be affected by the flooding.

Article 10. Common provisions for the hazard mapping and flood risk mapping.

1. The catchment bodies in the inter-Community basins and the competent authorities in the intra-Community basins shall carry out, in collaboration with the Civil Protection authorities, the hazard and flood risk maps, information provided by the Autonomous Communities in relation to the information provided for in Article 9 or other information or reference criteria indicated for civil protection. They shall be integrated into those drawn up by the competent authorities in the field of coastal waters, for floods caused by coastal and transitional waters.

2. The hazard and flood risk maps shall be subject to public consultation for a period of at least three months. Once the claims have been analysed, they will be submitted to the Committee of Competent Authorities or equivalent body in the intra-Community basins and will be sent to the Ministry of the Environment, and the Rural and Marine Environment.

3. The information collected in the hazard and flood risk maps will be integrated into the National Flood Zone Mapping System and, in order for it to be officially mapped, will be entered in the Register. Central to Mapping in accordance with the provisions of Royal Decree 1545/2007, of 23 November, for which the National Cartographic System is regulated.

4. The hazard and flood risk maps shall constitute the essential information on the basis of the flood risk management plans.

5. In the Hydrographic Demarcations for river basins shared with other countries, the relevant information will be exchanged with the countries concerned.

6. The hazard and flood risk maps shall be drawn up by 22 December 2013.

CHAPTER IV

Flood Risk Management Plans

Article 11. Guiding principles and objectives.

1. Flood risk management plans should be developed on the basis of the following general principles:

(a) Solidarity: Flood protection measures should not adversely affect other Hydrographic Demarcations or the non-Spanish part of the river basin district, in the case of river basins shared with other countries, unless such a measure has been coordinated and an agreed solution has been reached between stakeholders.

b) Coordination between the different public administrations and institutions involved in flood-related matters, based on a clear delimitation of the respective objectives.

(c) Coordination with other sectoral policies, including spatial planning, civil protection, agriculture, forestry, mining, urban planning or the environment, as long as they affect the evaluation, prevention and management of the flooding.

d) Respect for the environment: avoiding the unjustified deterioration of river and coastal ecosystems, and enhancing non-structural measures against floods.

e) Strategic approach with long-term sustainability criteria.

2. The catchment areas in the inter-Community basins, the competent authorities in the intra-Community basins, the authorities responsible for the costs and the civil protection authorities shall set out the objectives of the flood risk management for each area determined in Article 5, focusing its attention on the reduction of the potential adverse consequences of the flood for human health, the environment, cultural heritage, activity economic, and infrastructure.

3. Flood risk management plans shall take into account relevant aspects such as the costs and benefits, the extent of the flood and the flood evacuation routes, the areas with potential for flood retention, the natural alluvial plains, the environmental objectives set out in Article 92a of the Royal Legislative Decree 1/2001 of 20 July, approving the recast of the Law on Water, the management of soil and water, the spatial planning, land use, nature conservation, navigation and infrastructure of ports.

4. Flood risk management plans shall cover all aspects of flood risk management with a focus on prevention, protection and preparedness, including flood forecasting and early warning systems, and taking into account the characteristics of the catchment area or sub-basin concerned. Flood risk management plans may also include the promotion of sustainable land use practices, measures for the hydrological restoration of watersheds, improvement of water retention and flooding. controlled of certain areas in the event of flooding.

5. Flood risk management plans shall include measures to achieve the objectives set out in paragraph 2 of this Article, and shall contain, at least as set out in Part A of the Annex to this Royal Decree.

Article 12. Territorial scope of flood risk management plans.

1. The territorial scope of the flood risk management plans shall be that of the river basin districts.

2. Within each river basin district, risk management plans shall be the subject of those areas identified in the preliminary risk assessment. The development of the plans will be based on the hazard and risk maps developed for these areas.

3. International Hydrographic Demarcations shall establish the necessary coordination in the elaboration and implementation of flood risk management plans covering the parts of the international river basin district located in each territory.

Article 13. Procedure for drawing up and approving plans.

1. The preparation and review of the action programmes shall be carried out by the competent administration in each case, which shall approve them, in the field of their competence, prior to the approval of the plan by the Government of the Nation. The inclusion of the programmes of each competent administration under the management plan shall in no case exempt from the specific responsibility assumed by each administration within the legally established division of powers.

2. The catchment bodies and the competent authorities in the intra-Community basins, with the cooperation of the Committee of Competent Authorities or equivalent body in the intra-Community basins, in coordination with the authorities of the Civil Protection, will integrate in the Plans the programs of measures elaborated by the competent administration in each case, guaranteeing the appropriate coordination and compatibility between them in order to reach the objectives of the plan and will equip the content set out in the annex to this royal decree.

3. The competent authorities shall, for a minimum period of three months, subject to public information the content of the Plan and its programme of measures.

4. The basin organizations, or the competent administrations in the intra-community basins will raise the Plan to the Government of the Nation, on a proposal from the Ministries of Environment, Rural and Marine Environment, for its approval by real decree, in accordance with the legally established division of powers.

5. Prior to the approval by the Government, the Ministry of the Environment, and the Rural and Marine Environment will forward the plan to the National Water Council and the National Civil Protection Commission for its report.

6. Flood risk management plans shall be the subject of the strategic environmental assessment procedure as laid down in Law 9/2006 of 28 April on the Evaluation of the Effects of Certain Plans and Programs in the Middle East. Environment.

7. The flood risk management plans shall be approved and published before 22 December 2015.

CHAPTER V

Coordination, information, and public consultation

Article 14. Coordination with river basin management plans.

1. The river basin management plans, within the framework of Article 42 of the Royal Legislative Decree 1/2001 of 20 July, approving the recast of the Water Law, will incorporate the criteria for studies, actions and works to prevent and avoid damage due to floods, floods, and other hydraulic phenomena as set out in the flood risk management plans.

2. Flood risk management plans shall incorporate a summary of the state and environmental objectives of each mass of water with significant potential flood risk.

3. The preparation of the first flood risk management plans and their subsequent revisions shall be carried out in coordination with the reviews of the river basin management plans and may be integrated into those reviews.

Article 15. Coordination with other plans.

1. The spatial and urban planning instruments, in the management of land use, may not include determinations that are not compatible with the content of the flood risk management plans, and shall recognise the the rural character of the soils in which the risk of flooding or other serious accidents is present.

2. Existing civil protection plans shall be adapted in a coordinated manner to consider the inclusion in the same of the hazard and risk maps and the content of the flood risk management plans. The civil protection plans to be drawn up shall be drawn up in a coordinated and mutually integrated manner to the hazard and risk maps and to the content of the flood risk management plans.

3. The plans for agricultural development, forestry policy, transport infrastructure and other development plans which have an impact on flood areas must also be compatible with flood risk management plans.

Article 16. Public participation.

Competent Administrations shall encourage the active participation of stakeholders in the process of drawing up, reviewing and updating the programmes of flood risk management measures and plans. The process of drawing up the programme of flood risk management measures and plans will incorporate the requirements laid down in Law 27/2006 of 18 July on the rights of access to information, public participation and access to justice in the field of the environment, in particular those relating to the active supply of substantive information for the planning process. This information shall be accessible on the electronic pages of the competent authorities and at least those of the Ministry of the Environment, the Rural and Marine Environment and the Ministry of the Interior.

Article 17. Implementation of the measures programs.

1. Programmes of measures that include specific works and actions incorporated in flood risk management plans are considered to be of public use for the purposes provided for in the legislation of forced expropriation.

2. Where several public administrations are involved in the implementation of the measures contained in the plan, their development shall be in line with the partnership agreements or agreements signed.

3. In the event that the implementation corresponds to a single administration, it shall report on its development at least once a year to the Committee of Competent Authorities in the demarcations with inter-Community basins, and to the body which determine the Autonomous Communities in the demarcations with intra-Community basins.

CHAPTER VI

Other Provisions

Article 18. Interadministrative cooperation.

The General Administration of the State, Autonomous Communities and local authorities shall take into account the content of the preliminary flood risk assessment, hazard and flood risk maps. and the plans to manage the risk of flooding in the exercise of their respective powers, in order to ensure the safety of persons and property.

Article 19. Communications.

The basin bodies and the relevant administrations in the intra-Community basins will refer to the Ministry of the Environment, and the Rural and Marine Environment:

(a) The preliminary flood risk assessment, in the inter-Community basins before 1 June 2011 and in the intra-Community basins before 1 October 2011.

(b) The hazard and flood risk maps before 1 June 2013.

c) The flood risk management plans before 1 June 2015.

Article 20. International cooperation.

1. Cooperation with Portugal. Cooperation and coordination mechanisms to achieve the objectives of the flood risk management plans will be developed in those water catchment areas with shared basins with Portugal. To this end, the existing structures resulting from the Convention on Cooperation for the Protection and Sustainable Use of Water in the Spanish-Portuguese Basins, made in Albufeira on 30 November 1998, will be used. Cooperation with regard to coastal flooding shall be articulated in accordance with the agreement between the two parties.

2. Cooperation with France. In the case of the river basin, cooperation and coordination mechanisms will be used to achieve the objectives of the flood risk management plans, including the rivers which do not exist. include in the Hydrographic Demarcations corresponding to the river basins shared with other countries.

3. Cooperation with Andorra. Appropriate cooperation with Andorra shall be established in order to achieve the objectives of the flood management plan in that river basin district with shared basins with that country.

4. Cooperation with Morocco. Appropriate cooperation shall be established with Morocco, in the Hydrographic Demarcations of Ceuta and Melilla, in order to achieve the objectives of the Flood Risk Management Plans.

Article 21. Updates and revisions.

1. The preliminary flood risk assessment shall be updated no later than 22 December 2018, and then every six years thereafter.

2. Flood hazard maps and flood risk maps shall be reviewed, and if necessary, updated no later than 22 December 2019, and then every six years.

3. The flood risk management plans, including the components listed in Part B of the Annex, shall be reviewed and updated by 22 December 2021 at the latest and every six years thereafter.

4. The potential impacts of climate change on the incidence of floods will be taken into account in the reviews of the preliminary assessment and flood risk management plans.

Article 22. Notifications to the European Commission.

It is up to the Ministry of the Environment, and the Rural and Marine Environment to provide the European Commission with preliminary flood risk assessment, flood hazard maps, flood risk maps and the flood risk management plans, as well as their revisions and, where appropriate, their updates, within three months of the dates referred to in Article 7 (8), Article 10 (6), Article 13 (7) and Article 13 (3) 21.

First transient disposition. Existing risk assessment, mapping and management plans.

1. The preliminary flood risk assessment referred to in Article 5 may not be carried out for river basins or sub-basins or coastal areas for which:

(a) A risk assessment has already been carried out and the conclusion has been reached, before 22 December 2010, that there is a potential risk of significant flooding or that the materialisation of the risk is significant. that risk is likely, and this has led to the inclusion of the area concerned between the areas referred to in Article 5.

b) It is decided before 22 December 2010 to draw up flood hazard maps and flood risk maps, and to establish flood risk management plans in accordance with the relevant provisions. of this royal decree.

2. Flood hazard maps and flood risk maps may be used before 22 December 2010 if such maps provide a level of information equivalent to that set out in this Royal Decree.

3. Flood risk management plans may be used before 22 December 2010, provided that the content of such plans is equivalent to that set out in this Royal Decree.

4. The following abbreviated administrative procedure will be used to apply the following:

(a) For the purposes of point 1, only a public consultation shall be required for 15 days of the documentation generated in accordance with Article 7 (1) and the Commission report. National of Civil Protection or equivalent organ in intra-Community basins, prior to the submission of the documentation to the European Commission by the Ministry of the Environment, and the Rural and Marine Environment.

(b) For the purposes of point 2, only public consultation shall be necessary for 15 days and the report of the Committee of Competent Authorities or equivalent body in the intra-Community basins, prior to submission of the documentation to the European Commission by the Ministry of the Environment, and the Rural and Marine Environment.

(c) In relation to the provisions of point 3, the procedure shall be the same as that described in Article 13.

Second transient disposition. Forecasts for the integration of European guidelines.

Taking into account the time limits for the revision and updating of the flood risk management plans, the catchment bodies or the competent authorities in the intra-Community basins may adapt their content to the scientific and technical progress in accordance with the Commission's guidelines. The Minister for the Environment, and the Rural and Marine Environment are empowered to amend the Annex to comply with the provisions of Community legislation.

Single repeal provision. Regulatory repeal.

Any provisions of equal or lower rank are repealed as opposed to the provisions of this rule.

Final disposition first. Competitive titles.

1. This royal decree has the character of basic legislation as it is dictated by the powers that correspond to the State in Article 149.1.13. and 23. of the Constitution to dictate the bases of economic activity and protection of the environment. the environment, respectively, with the exception of Articles 14, 15, 19 and 21 which are dictated on the basis of the exclusive competence of the State in the field of public security, in accordance with Article 149.1.29. of the Constitution and Article 20 the provisions of Article 149.1.3. of the Constitution which confers jurisdiction on the State exclusive in the field of international relations.

2. The powers conferred on the catchment bodies in this royal decree are set out in clause 22. of Article 149.1 of the Constitution which gives the State exclusive competence in the field of water resources and intercommunity waters.

Final disposition second. Incorporation of European Union law.

By this royal decree, Directive 2007 /60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks is incorporated into Spanish law.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on July 9, 2010.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

ANNEX

Part A: Content of flood risk management plans

I. Components of the first flood risk management plans:

a) The conclusions of the preliminary flood risk assessment.

b) The hazard maps and flood risk maps.

c) A description of the objectives of flood risk management in the specific area to which they affect.

(d) A summary of the criteria specified by the basin hydrological plan on the status of water bodies and the environmental objectives set for them in the tranches with significant potential flood risk.

e) A summary of the content of existing civil protection plans.

f) A description of the systems and means available in the basin for the collection of hydrological information in real time during the episodes of avenue, as well as the prediction systems and decision aid available.

g) A summary of the programme of measures, indicating the priorities among them, which each public administration, in the field of its competences, has approved in order to achieve the intended objectives. These measures may be subdivided into sub-programmes according to the administrative bodies responsible for their preparation, approval and implementation.

(h) The package of measures, consisting of preventive and palliative, structural or non-structural measures, should, as far as possible, include

following:

1. River restoration measures, conducive to the recovery of the natural behavior of the flood zone, as well as its associated environmental values and the measures for the hydrological restoration of the basins in order to reduce the solid load carried by the current, as well as to favor the infiltration of the precipitation.

2. Measures to improve the drainage of linear infrastructure, which will include the description of possible sections with insufficient cross-sectional drainage, as well as other infrastructure involving a serious obstacle to the flow, and the planned measures for their adaptation.

3. Flood prediction measures, which shall include at least:

Measures taken for the development or improvement of tools for prediction or aid to decisions regarding avenues, temporary maritime or coastal erosion.

The management rules for reservoirs during avenues.

4. Civil protection measures, including at least:

The coordination measures with civil protection plans, and the protocols for communication of the information and hydrological predictions of the basin agencies to the civil protection authorities.

The measures put forward for the elaboration of civil protection plans in case they are not drafted.

5. Spatial planning and urban planning measures, including at least:

The limitations to land uses raised for the flood zone in their different hazard scenarios, the criteria used to consider the territory as non-urbanizable, and the constructive criteria required to buildings located in a flood zone.

The planned measures to adapt the existing urban planning to the criteria set out in the flood risk management plan, including the possibility of removing existing buildings or facilities that they assume a serious risk, for which its expropriation will be considered to be of public utility.

6. Measures taken to promote insurance against flooding on persons and property, and in particular agricultural insurance.

7. The proposed structural measures and the cost-benefit studies that justify them, as well as the possible controlled flood measures of land.

i) The estimation of the cost of each of the measures included in the Plan, and the Administration or Administrations responsible for implementing the various measures programmes, as well as their funding.

II. Description of the execution of the flood risk management plan:

(a) The priorities established between the various measures, the indicators of compliance and progress of the flood risk management plan and the way in which progress will be monitored in the implementation of the flood risk management plan.

b) A summary of the public information and consultation processes that have been applied during their processing, their results and the consequent changes made to the flood risk management plan.

c) Description of the coordination process in international demarcations and the coordination process with the Water Framework Directive.

d) A list of competent authorities.

Part B: Components of subsequent updates to flood risk management plans

(a) Any modification or update since the publication of the previous version of the flood risk management plan, with a summary of the revisions made in accordance with Article 21.

(b) An assessment of the progress made in achieving the objectives referred to in Article 11 (2

.

(c) A description of the measures provided for in the previous version of the flood risk management plan, the implementation of which was planned and not carried out, and an explanation of why.

d) A description of any additional measures taken since the publication of the previous version of the flood risk management plan.